Izale-i Shuyu, also known as the lawsuit for dissolution of partnership in current legal language, is a type of lawsuit filed by people who have joint rights on a property in case of shared ownership or joint ownership, in order to terminate the partnership. This case especially comes to the fore when an agreement cannot be reached between the heirs or stakeholders on the inherited house, land, field, workplace, summer house, shared real estate or property inherited from the family. Thanks to the lawsuit for dissolving the partnership, the uncertainty over the common property is ended and the property is either divided as is or converted into cash through sale and the price is shared among the stakeholders.
In practice, the most common questions are "What to do if the inherited house is not wanted to be sold?", "How to file a lawsuit for dissolution of share title?", "How long does the lawsuit for dissolution of partnership take?", "How is the sale price shared?" and “if an heir does not want to sell the real estate, what can the others do?” questions are being asked. The answers to these questions may vary depending on the nature of the real estate, the number of stakeholders, the land registry, the zoning status, the relationship between the heirs and the evidence in the case file.
Partnership dissolution cases are cases with strong technical aspects. Before filing a lawsuit, title deed records, certificate of inheritance, share rates, actual use of the real estate, zoning status, whether there is a building on it, whether one of the partners has a superior right, and the consequences that may arise in case of sale should be carefully evaluated. Lawyer Mehmet Kurşun provides legal support in the fields of expropriation case, sharing of inherited immovable properties, dissolution of partnership, inheritance law and real estate law.
What is the Izale-i Şuyu Case?
The Izale-i Shuyu case is a type of lawsuit that enables the termination of the partnership on a movable or immovable property that is subject to joint ownership by a court decision. The word “şuyu” means partnership, and the word “izale” means removal. Therefore, izale-i shuyu means the elimination of partnership. Nowadays, the expression "case for dissolution of partnership" is mostly used in court decisions and practice.
This case aims to prevent stakeholders from having to constantly act together on common property. While one of the stakeholders wants the property to be sold, the other may not accept the sale. While one heir uses the real estate, other heirs may not benefit from this use. While some stakeholders want rental income to be generated from the real estate, others may want the real estate to remain family property. In such cases, when the partnership becomes unsustainable, a lawsuit can be filed to dissolve the partnership.
For which goods can a lawsuit for dissolution of partnership be filed?
The lawsuit for dissolution of partnership is mostly filed for immovable property. The most common subject of this case is the inherited house, land, field, vineyard, garden, workplace, apartment, summer house or share title deed real estate. However, if there are conditions, it may be requested to dissolve the partnership in terms of movable properties or some rights.
| Goods Type | Can a lawsuit be filed? | Explanation |
|---|---|---|
| inherited house | Yes | If the heirs cannot agree, a sale or division in kind may be requested. |
| share land | Yes | One of the stakeholders may request the termination of the partnership. |
| Field and farmland | Yes | Special legislation and divisibility status on agricultural lands are also evaluated. |
| workplace or shop | Yes | Dissolving the partnership through sale is frequently brought to the agenda. |
| Vehicle | Yes | It may also be requested to dissolve the partnership in movable property. |
| Bank account | According to the concrete situation | It should be evaluated separately within the scope of estate sharing and inheritance law. |
Who Can File the Izale-i Şuyu Case?
Any stakeholder who has a share in the common property can file a lawsuit for dissolution of partnership. Whether the share ratio is large or small does not eliminate the right to file a lawsuit. For example, a person who owns a 5 percent share in a real estate may also request that the partnership be dissolved. Likewise, in the case of an inherited immovable property, one of the heirs can file this lawsuit even if the other heirs do not want it.
The case must be addressed to all stakeholders or heirs. Because the decision to dissolve the partnership affects the legal status of everyone who has rights on the common property. In cases filed with an absent party, party formation must be ensured. For this reason, the land registry, inheritance certificate and stakeholder information should be carefully examined before filing a lawsuit.
Dissolution of Partnership in Inherited Real Estate
Most of the cases of exclusion are filed due to inherited immovable properties. Upon the death of the testator, the heirs jointly acquire rights over the goods included in the estate. During this process, the heirs may not agree on using, renting, selling or sharing the real estate together. In particular, disputes may arise between siblings regarding the use of the inherited house, the sales price, rental income or the transfer of the real estate to an heir.
For inherited real estate, a certificate of inheritance must first be obtained, and then the transfer process must be carried out in the title deed. The transfer process does not mean that the partnership ends. The immovable property is registered in the name of the heirs in proportion to their shares; However, a separate transaction is required to sell, share or transfer the real estate to an heir. If the heirs cannot agree among themselves, a lawsuit may be filed to dissolve the partnership and a request may be made to sell the immovable property or, if it can be divided, to divide it exactly as it is.
What are the Ways to Dissolve Partnership?
In the case of dissolving the partnership, the court may terminate the partnership in one of two basic ways, depending on the characteristics of the concrete case. The first of these is division as is, and the second is the elimination of the partnership by sale. Which method will be applied is determined according to the nature of the real estate, whether it is divisible or not, zoning status, number of stakeholders and whether there will be a loss of economic value.
Exactly Dissolution of Partnership via Taksim
Likewise, partition is the physical division of common property and its distribution to stakeholders separately. For example, if it is possible to divide a large plot of land in accordance with the zoning legislation, the court may decide to divide the real estate among the stakeholders exactly. In this method, the real estate is not sold; stakeholders receive the portion corresponding to their shares as separate property.
Likewise, partition is not possible for every real estate. An apartment, a small plot of land, or a property that will significantly lose its value when divided may not be suitable for division as is. The court evaluates whether the real estate can be divided by having an expert examination. If the values of the divided pieces are not equal, it may be possible to make equalization by adding money to the missing piece.
Dissolution of Partnership by Sale
If exact division is not possible or if the division of the real estate is not economically feasible, the court may decide to dissolve the partnership by selling. In this case, the real estate is sold and the proceeds from the sale are distributed to the stakeholders in proportion to their title deed or inheritance shares. The most common method in practice is to dissolve the partnership through sale.
The sale is usually made through a sales officer after a court decision. Before the sale, the value of the real estate is determined, an expert report is obtained and the sales transactions are carried out. Selling only between stakeholders may also be on the agenda under some conditions; However, in this regard, the demands of the stakeholders and the evaluation of the court are important.
Exactly: Is Taksim or Sales More Advantageous?
One of the most important questions in partnership dissolution cases is whether the real estate will be divided as is or sold. Likewise, partition may be more suitable for stakeholders who want to keep the real estate. However, if it is not possible to divide the real estate or if the division will lead to a serious loss of value, selling may be a more practical solution.
| Method | Advantage | Risk or Disadvantage |
|---|---|---|
| Exactly my taxi | Separate sections can be given to stakeholders before the real estate is sold. | Not every real estate is technically and legally suitable for division. |
| Elimination by sale | The partnership ends definitively and the cost is shared. | The sales price may be below the expectations of the parties. |
| Agreed transfer between stakeholders | A quick solution can be achieved without filing a lawsuit. | All stakeholders must agree. |
| inheritance sharing agreement | Domestic conflict can be resolved before it escalates. | The contract must be prepared in accordance with the law and enforceable. |
Where to file a lawsuit for dissolution of partnership?
The competent court in the case of dissolution of partnership is the civil court of peace. In cases regarding immovable property, the competent court is generally the court where the immovable property is located. For example, if the real estate in question is located in Istanbul, the civil court of peace in the district where the real estate is located may have jurisdiction. If there is more than one immovable property and the immovable properties are located in different places, the issue of jurisdiction should be evaluated separately.
The issue of duty and authority is important for the healthy progress of the litigation process. Filing a lawsuit in the wrong court may cause the process to take longer. For this reason, before filing a lawsuit, the title deed information of the real estate, its location, the number of stakeholders and the subject of the case should be carefully examined.
How to File a Izale-i Şuyu Case?
The lawsuit for dissolution of the partnership is opened by submitting the petition to the competent civil court of peace. The petition must clearly state the property in question, the stakeholders, the share ratios, why the partnership cannot be continued, and the requested remedy. If the subject of the case is not moved, title deed records, inheritance certificate, inheritance documents and evidence of usage status, if any, should be added to the file.
- The land registry and stakeholder information are examined.
- If there is a dispute due to inheritance, a certificate of inheritance is obtained.
- The zoning status and divisibility of the real estate are evaluated.
- A lawsuit petition is prepared.
- The case is addressed to all stakeholders or heirs.
- The court ensures the formation of parties.
- Expert examination and discovery may be made.
- The court decides to dissolve the partnership by division or sale.
- If a sale decision is made, sales transactions are carried out and the price is shared.
Should All Stakeholders Be Included in the Izale-i Şuyu Case?
Yes. In the case of dissolving the partnership, all stakeholders who have rights on the property in question must take part in the case. Because the court decision affects the property rights of all stakeholders. If one of the stakeholders is shown as missing, the court may request the completion of the party formation. In case of inherited real estate, the certificate of inheritance is important to determine all the heirs.
The process may be prolonged if one of the stakeholders has passed away, is abroad, has an unknown address, or cannot identify his or her heirs. Therefore, correct preparation of party information before the lawsuit reduces time loss.
How Long Does a Partnership Dissolution Case Take?
The duration of the expulsion case varies depending on the nature of the file. If the number of stakeholders is small, the land registry records are clear, the heirs are certain and the status of the real estate can be clearly determined, the process may proceed in a shorter time. However, in multi-stakeholder real estate, the death of one of the heirs, an address search, an objection to the expert report, or a dispute arising during the sales phase may prolong the case.
The case is not just about the court decision. If it is decided to dissolve the partnership through sale, post-decision sales transactions are carried out separately. Therefore, when evaluating the duration of the lawsuit, both the trial phase and the sales phase should be considered together.
How to Share the Sales Price?
If it is decided to dissolve the partnership through sale, the price obtained after the real estate is sold is distributed according to the share ratios of the stakeholders. Share rates can be seen in the land registry or inheritance certificate. Inheritance shares must be calculated correctly in inherited real estate. The shares of the surviving spouse, children, parents or other heirs are determined according to inheritance law.
If there is a mortgage, lien, tax debt, annotation or other restriction on the real estate, the distribution of the sales price may be affected. For this reason, how the sales price will be distributed should be evaluated not only according to the share ratios, but also according to the records and debts on the real estate.
What Happens If a Stakeholder Uses the Real Estate?
It is a common situation that one of the partners uses the joint real estate alone. For example, an heir may be living in the inherited house or only one stakeholder may be earning income from the shareholding business. In this case, other stakeholders may file a lawsuit for the dissolution of the partnership, or may also request remuneration if the conditions are met.
Ecrimisil is known as unfair use compensation. However, not every use automatically creates the right to remuneration. Factors such as exclusion of other stakeholders from use, warning, actual use status and nature of the property should be evaluated. Since the lawsuit for the dissolution of the partnership and the demands for compensation have different legal characteristics, they need to be evaluated separately.
Can the Sale of Izale-i Shuyu Case Be Prevented?
When one of the stakeholders requests the liquidation of the partnership, the other stakeholders simply saying "I do not want the sale" is often not enough to prevent the lawsuit. If the continuation of the partnership is not legally mandatory, one of the stakeholders may request the termination of the partnership. However, it may be claimed that the real estate is suitable for division as is, that division instead of sale is possible, or that there is a procedural deficiency in the case.
Stakeholders who do not want the sale may offer to purchase the shares of other stakeholders before the lawsuit, make an inheritance sharing agreement, or submit to the court that the real estate is suitable for division as is. For this reason, the zoning status and technical divisibility of the real estate are important in files where sale is not requested.
Why is Lawyer Support Important in the Dissolution of Partnership Case?
Although cases for dissolution of partnership seem simple, they involve many technical stages such as title deed, inheritance, procedural law, expert examination, sales transactions and share distribution. Filing a lawsuit with the missing party, applying to the wrong court, not evaluating the possibility of dividing the real estate as is, or not following the sales stage may result in loss of rights.
Lawyer support ensures that the most appropriate strategy is determined before filing a lawsuit. In some cases, it may be more advantageous to make an agreement with stakeholders before filing a lawsuit. In some cases, it is necessary to file a lawsuit to dissolve the partnership without wasting time. For inherited immovable properties, other litigation possibilities such as collusion of the deceased, criticism, inheritance sharing, ecrimination and cancellation of title deed should also be evaluated together.
Lawyer Mehmet Kurşun provides legal support in the processes of liquidation of shares, dissolution of partnership, sharing of inherited immovable properties, share title disputes, ecrimisil, muris collusion and inheritance law processes. You can get professional legal help to terminate the partnership on the real estate, follow the sales process and protect your share.
Frequently Asked Questions About the Izale-i Shuyu Case
What does Izale-i Shuyu case mean?
Izale-i Shuyu case is a case that enables the termination of the partnership on jointly owned property by a court decision. Its current name is the lawsuit for dissolution of partnership.
Who can file a lawsuit for dissolution of partnership?
Any stakeholder or heir who has a right to the property subject to joint or joint ownership may file a lawsuit for the dissolution of the partnership.
Can a lawsuit be filed for the inherited house?
Yes. If the heirs cannot agree on the sharing or sale of the inherited house, a lawsuit can be filed to dissolve the partnership.
If an heir does not want a sale, can a lawsuit be filed?
Yes. Even if one of the stakeholders or heirs does not want a sale, other stakeholders may request the liquidation of the partnership. The court may decide on division or sale as is, depending on the condition of the real estate.
Which court has jurisdiction over the partnership dissolution case?
The competent court in cases of dissolution of partnership is the civil court of peace. In cases related to real estate, the competent court is generally the court where the real estate is located.
Is the immovable property necessarily sold in the Izale-i Shuyu case?
No. If the real estate can be divided technically, legally and economically, the same partition decision can be made. If division is not possible, the partnership can be dissolved by sale.
How is the sales price distributed?
The price obtained from the sale is distributed according to the share ratios of the stakeholders. If there is a lien, mortgage or other encumbrance on the real estate, the distribution may be affected accordingly.
Is a lawyer mandatory in the case of dissolving the partnership?
Hiring a lawyer is not mandatory. However, since party formation, title deed records, inheritance shares, possibility of in-kind distribution and the sales process are technical issues, it is beneficial to get legal support.
Legal Support for Dissolution of Partnership Case
The Izale-i Shuyu lawsuit is an effective legal way to terminate the partnership on shared real estate or inherited property. However, before filing a lawsuit, it should be carefully examined whether the immovable property is suitable for division as is, how the price will be shared in case of sale, whether the inheritance shares are calculated correctly, and other litigation possibilities.
You can get legal support from lawyer Mehmet Kurşun regarding the partnership dissolution case, dissolution of property, sharing of inherited immovable properties, shared title deed disputes and inheritance law processes. Correct management of the process is important in terms of both protecting the real estate value and preventing stakeholders from losing their rights.
